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Revised Extension and Flexibility for Certain Allocated Programs in Fiscal Year (FY) 2010 Pursuant to Section 157(d) of Public Law 111-68, as Amended by Public Law 111-118
Classification Code Date Office of Primary Interest
N 4510.726 April 30, 2010 HCFB-1

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  1. What is the purpose of this Notice? This Notice notifies the States of the revised amounts available pursuant to section 157(d) of the Continuing Appropriations Resolution (Resolution), 2010, Public Law (Pub. L.) 111-68, as amended by Pub. L. 111-118. The amount of these funds and associated obligation limitation for each State is shown in the attached table.

  2. Does this Notice cancel FHWA Notice 4510.718? Yes, this Notice cancels FHWA Notice 4510.718, Revised Extension and Flexibility for Certain Allocated Programs in Fiscal Year (FY) 2010 Pursuant to Section 157(d) of Pub. L. 111-68, as Amended by Pub. L. 111-118. The revision to the amounts available and the associated obligation limitation is required by the revised distribution of obligation limitation pursuant to the Department of Transportation Appropriations Act, 2010, division A, title I of Pub. L. 111-117. Based on the revised obligation limitation calculations, the limitation ratio applied to the funds under section 157(d) of the Resolution is 93.5 percent.* The remaining funds that are not available for obligation due to the imposition of the FY 2010 obligation limitation are "lopped off" and redistributed under section 120(e) (Redistribution of Certain Authorized Funds) of Pub. L. 111-117.

  3. What is the background information?

    1. Pursuant to section 157(d) of the Resolution, as amended, the FY 2009 allocated amounts under the following sections of law shall be divided by 365 and then multiplied by 151:

      1. (1) Section 1301(m) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, as amended (Projects of National and Regional Significance);

      2. (2) Section 1302(e) of SAFETEA-LU, as amended (National Corridor Infrastructure Improvement Program);

      3. (3) Section 1307 of SAFETEA-LU, as amended (Deployment of Magnetic Levitation Transportation Projects);

      4. (4) Section 1702 of SAFETEA-LU, as amended (High Priority Projects);

      5. (5) Section 1934 of SAFETEA-LU, as amended (Transportation Improvement Projects); and

      6. (6) Section 144(f)(1) of title 23, United States Code (U.S.C.) (Bridge Set-Asides).

    2. The resulting total amount for each State shall be made available under the 151-day extension of surface transportation programs contained in the Resolution, as amended, in the manner described in paragraph 4 of this Notice.

  4. What is the availability of these funds?

    1. The funds made available shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, U.S.C.

    2. The funds shall be available to the State for purposes described in section 133(b) of title 23, U.S.C.

    3. The funds shall be administered in the same manner and with the same period of availability as such funding is administered under section 133 of title 23, U.S.C., except that subsections (d)(2) and (d)(3) of such section shall not apply to the administration of the funds.

    4. The funds are made available under the Resolution, as amended, until enactment of another law to extend or reauthorize surface transportation programs or February 28, whichever occurs first.

    5. The funds made available shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

    6. The funds resulting from this apportionment are available for obligation immediately and will be subject to obligation controls in force at the time of obligation.

    7. The program code to be used when obligating these funds is L00E.

  5. What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.

* Upward adjustments have been made for some States based on actual obligations of funds under section 157(d) of the Resolution in excess of the 93.5% ratio prior to issuance of this Notice. Equivalent downward adjustments have been made to the formula obligation limitation and the redistribution of certain authorized funds for those States.



Signature: Victor M. Mendez, Administrator

Victor M. Mendez

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